Terms and Conditions

Terms and Conditions of the ULP GmbH

Dear Customers, The following terms and conditions, as far as agreed effectively, the content of between the customer and the company ULP GmbH, hereinafter "ULP" abbreviated, come to terms next travel contract. They supplement the statutory provisions of §§ 651a - m BGB (Civil Code) and the information regulations for tour operators in accordance with §§ 4 - 11 BGB-InfoV (Ordinance on Information and Evidence under civil law) and fill them out. Please read these terms and conditions carefully before booking!

1.1. The following travel conditions from no. 2. apply, insofar as legally valid, exclusively for package travel contracts for trips offered by ULP as own package tours.

1.2. The travel services of ULP do not include any air transport services. ULP does not offer flight services as its own services or as part of the package tours it offers and carries out.

1.3. Accordingly, flights are exclusively mediated by ULP. The contract for the carriage of air is in the event of a booking exclusively between the customer on the one hand and the airline or the other provider of the flight performance as a contractual air carrier on the other hand.

1.4. ULP is therefore not liable for the information provided by the airline regarding prices and services, for the provision of air transport services itself, for cancellations, denied boarding, flight delays, as well as for the delay, damage or loss of baggage.

1.5. The above provisions do not apply if ULP, in accordance with the principles of § 651a para. 2 BGB (German Civil Code) and the case law relating to the flight services booked to or booked by the customer, appears to provide contractually provided travel services on its own responsibility.

1.6. In particular, brokerage on flights obliges ULP to point out the brokerage position of ULP for the respective offer to broker a flight service, stating the airline or the provider and contract partner of the customer in case of booking.

1.7. The above provisions shall not affect the liability of ULP under the agency agreement for the provision of the flight services. Equally unaffected is the obligation of ULP as a travel agent regarding the information obligations under Regulation (EC) No 2111/2005 of the European Parliament and of the Council on the obligation of tour operators and travel agents to provide information on the identity of the operating airline.

1.8. The above provisions apply accordingly, as far as ULP holiday packages of other tour operators arranged.

2.1. For all booking types:
a) The basis of the offer of ULP and the booking of the customer are the description of the trip and the additional information in the booking basis as far as these are available to the customer at the time of booking.
b) Travel agents and booking agents are not authorized by ULP to make arrangements, provide information or make any representations that alter the agreed content of the travel contract, go beyond or contradict the travel advertisement or the services contracted by ULP.
c) Information in hotel guides and similar directories not issued by ULP shall not be binding on ULP and ULP's obligation to perform, unless expressly agreed with the traveler to ULP's performance obligation.
d) If the content of the booking confirmation differs from the content of the booking, a new offer from ULP is available. The contract is concluded on the basis of this new offer, if the customer declares the acceptance by express declaration, deposit or final payment or the use of the travel services.
e) The customer making the booking is liable for the contractual obligations of fellow travelers for whom he makes the booking, as for his own, as far as he has undertaken a corresponding obligation by express and separate declaration.

2.2. For the booking, which takes place in writing, by e-mail or by fax, the following applies:
a) By booking the customer ULP offers the conclusion of the travel contract binding.
b) The contract is concluded with the receipt of the booking confirmation (declaration of acceptance) from ULP at the customer.

2.3. For bookings made without individual communication via an online booking procedure (contract in electronic commerce), in particular via the Internet, the following applies to the conclusion of the contract:
a) The traveler is explained the process of online booking in the corresponding website of ULP.
b) The customer has the option of correcting his entries, deleting or resetting the entire online booking form, and their use is explained.
c) The contract languages ​​offered for the online booking are indicated.
d) If the contract text of ULP is stored in the online booking system, the customer will be informed about this storage and the possibility of later retrieval of the contract text.
e) By clicking on the button "book with costs" the customer ULP offers the conclusion of the travel contract bindingly. The customer is bound to this contractual offer for three working days from the date of sending the electronic declaration.
f) The traveler is immediately informed of the receipt of his booking by e-mail.
g) The transmission of the contract offer by pressing the button "book with a fee" does not constitute a claim of the customer to the conclusion of a travel contract according to his booking details. Rather, ULP is free in its decision to accept the contract offer of the customer or not.
h) The contract is concluded upon receipt of the booking confirmation from ULP at the customer.

3.1. After conclusion of the contract and after handing over of a security note in accordance with § 651k BGB a deposit in the amount of 20% of the travel price is due for payment. The final payment is due 4 weeks prior to departure, provided that the security certificate has been handed over and the trip can no longer be canceled for the reason stated in point 9.

3.2. If the customer does not make the down payment and / or the remaining payment in accordance with the agreed payment terms, although ULP is willing and able to provide the contractual services properly and there is no legal or contractual right of retention of the customer, ULP is entitled, after a warning with a deadline of Travel contract to withdraw and to charge the customer with cancellation costs in accordance with Section 6.

4.1. Changes to essential travel services of the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not caused by ULP in good faith, are only permitted if the changes are not significant and do not affect the overall layout of the trip.

4.2. Any warranty claims remain unaffected, as far as the changed services are flawed.

4.3. ULP is obligated to inform the customer about significant changes in performance without delay after becoming aware of the reason for the change.

4.4. In the event of a substantial change in a substantial travel service, the customer is entitled to withdraw from the travel contract free of charge or to request participation in an at least equivalent trip if ULP is able to offer such travel at no extra cost to the customer from its offer. The customer must assert these rights immediately after the declaration of the change of the travel service or the cancellation of the travel.

5.1. ULP reserves the right to change the price agreed in the travel contract in the event of an increase in transport costs or charges for certain services such as port or airport charges or a change in the exchange rates applicable to the trip in question in accordance with the following provisions:

5.2. An increase in the travel price is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase did not occur before conclusion of the contract and were not foreseeable for ULP when the contract was concluded.

5.3. If the transport costs incurred at the time the travel contract is concluded, in particular the fuel costs, ULP may increase the travel price in accordance with the following calculation:

a) In the event of a seat-based increase, ULP may require the customer to increase the amount.

b) Otherwise, the additional transport costs required by the transport company per means of transport shall be divided by the number of seats of the agreed means of transport. ULP may demand the resulting increase for the single seat from the customer.

5.4. If the fees at the time of the conclusion of the travel contract, such as port or airport fees, are increased in relation to ULP, the travel price may be increased by the corresponding pro rata amount.

5.5. In the event of a change in the exchange rates after conclusion of the travel contract, the travel price may be increased to the extent that the trip has thereby become more expensive for ULP.

5.6. In the event of a subsequent change in the price of the trip, ULP must immediately inform the customer of the reason for the change. Price increases are only permitted until the 21st day before the start of the journey. In the case of price increases of more than 5%, the customer is entitled to withdraw from the travel contract without fees or to request participation in an at least equivalent trip if ULP is in a position to offer such a journey from its offer at no extra cost to the customer. The Customer shall assert the aforementioned rights immediately after ULP has notified ULP of the price increase.

6.1. The customer can withdraw from the trip at any time prior to departure. Withdrawal must be declared to ULP at the address given above / below. If the trip was booked through a travel agency, the withdrawal can also be explained to this. The customer is recommended to declare the cancellation in writing.
6.2. If the customer withdraws before the start of the journey or if he does not start the journey, ULP loses the claim to the travel price. Instead, as far as the resignation is not the responsibility of ULP or a case of force majeure, ULP may demand reasonable compensation for the travel arrangements and their expenses incurred until the resignation, depending on the respective travel price.
6.3. ULP has taken into account expenses usually saved in the calculation of compensation and usually other possible uses of travel services. The compensation will be calculated as follows after the date of receipt of the customer's declaration of withdrawal:
• until the 46th day before departure 20%
• from the 45th day before departure 50%
• from the 35th day before departure 80%
• from the 2nd day before departure until
on the day of travel or if the trip does not start 90% of the travel price.
6.4. In any case, the customer is at liberty to prove to ULP that it has incurred no damage at all or that it has suffered significantly less than the lump sum demanded by it.
6.5. ULP reserves the right to demand higher, concrete compensation in lieu of the aforementioned lump sums, as long as ULP can prove that it has incurred significantly higher expenses than the respective applicable lump sum. In this case, ULP is obliged to quantify and substantiate the required compensation, taking into account the saved expenses and any other use of travel services.
6.6. The legal right of the customer to provide a substitute participant in accordance with § 651 b BGB remains unaffected by the above conditions.
6.7.A claim by the customer after the conclusion of the contract for changes to the travel date, destination, place of departure, accommodation or transport (rebooking) does not exist. If, however, a rebooking is made at the customer's request, ULP may charge a rebooking fee per customer if the following deadlines are met. Unless otherwise agreed in individual cases prior to the promise of the rebooking, the rebooking fee is in each case up to the time of commencement of the second cancellation scale of the respective trip in accordance with the above provision in Section 6.3 € 30, - per rebooking procedure.
6.8. Rebooking requests of the customer, which take place after expiration of the deadlines, can, if their execution is possible at all, be carried out only after resignation of the travel contract in accordance with the above conditions and simultaneous new application. This does not apply to rebooking requests, which cause only minor costs.

If the customer does not use individual travel services that were duly offered to him for reasons that are attributable to him (eg because of early return or for other compelling reasons), he has no claim to a pro rata refund of the travel price. ULP will endeavor to reimburse the expenses saved by the service providers. This obligation does not apply if the services are completely insignificant or if a refund conflicts with legal or regulatory requirements.

8.1. ULP may withdraw if a minimum number of participants is not reached in accordance with the following provisions:

a) The minimum number of participants and the latest date of resignation by ULP must be specified in the specific travel advertisement or, in the case of uniform regulations for all travel or certain types of travel, in a general catalog reference or a general service description.

b) ULP must indicate the minimum number of participants and the latest withdrawal period in the booking confirmation or refer to the corresponding brochure information there.

c) ULP is obliged to immediately notify the traveler of the cancellation of the trip if it is clear that the journey will not be carried out due to the minimum number of participants having failed to reach it.

d) A resignation of ULP later than 4 weeks before departure is not permitted.

8.2. In the event of a cancellation, the customer may request to participate in an at least equivalent other trip if ULP is in a position to offer such a journey from its offer at no extra cost to the customer. The customer must assert this right immediately after the declaration of cancellation by ULP.

8.3. If the trip is not carried out for this reason, the customer will receive back payments made on the travel price without delay.

9.1. The obligation to report defects resulting from § 651 d Abs. 2 BGB is specified as follows when traveling with ULP:

a) The traveler is obliged to report any defects immediately to the local representative of ULP (tour guide, agency) and to request redress.

b) The traveler will be informed about the person, the accessibility and the communication data of the representation of ULP at the latest with the sending of the travel documents.

c) If, according to the contractual agreements, no local representative or tour guide is owed, the traveler is obliged to report any defects immediately to ULP at the address given below.

d) Claims of the traveler shall not be canceled only if the complaint due to the traveler is omitted without fault.

9.2. Tour guides, agencies and employees of service providers are not authorized and are not authorized by ULP to confirm defects or to recognize claims against ULP.

9.3. If the trip is significantly affected by a lack of travel, the customer / traveler may terminate the contract. The same applies if he can not reasonably be expected to travel due to such a defect for important, ULP recognizable reasons. Termination is only permissible if ULP or, if available and contractually agreed as a contact person, have their agents (tour guide, agency) an appropriate deadline specified by the customer / traveler elapse without having to remedy the situation. It is not necessary to set a time limit if the remedy is impossible or denied by ULP or its agents, or if immediate termination of the contract is justified by a special interest of the traveler.

9.4. In the event of loss of luggage or delay in the journey, any damage or delay in the delivery of air travel by the passenger must be reported immediately on the spot by means of a damage report to the responsible airline. Airlines may refuse refunds if the claim has not been completed. The damage report must be refunded within 7 days in case of damage to the baggage, in case of delay within 21 days after delivery. Incidentally, the loss, damage or misdirection of baggage must be reported to the tour operator or ULP local representative.

9.5. The customer must notify ULP if he does not receive the required travel documents (eg flight ticket, hotel vouchers) within the deadline communicated to him by ULP or does not receive it in full.

10.1. The participant is obligated to observe the information given to him as well as the instructions of the guides, insofar as these instructions and instructions are objectively reasonable and necessary taking into account the interests of the customer and, in particular, the safety of the customer, other participants, the exclusion of third parties and property and the proper travel processing serve.

10.2. The participant is obliged to make sure prior to booking the trip, prior to departure and during the journey itself regarding his health and physical condition and in particular to take prior to booking and / or travel, if necessary, to seek medical advice. ULP has no contractual advice, auditing and monitoring obligations in this regard.

10.3. The customer is solely responsible for the traffic safety, the technical functionality and all other circumstances in connection with the transport of his own bike. Also in this regard, ULP is not required to provide advice or review.

10.4. The customer is responsible for a continuous review of the technical freedom from defects and the safety of the road, both for own bicycles and for provided bicycles. As part of its general legal obligation to complain about defects, the customer is required to report any defects immediately to the travel guide appointed by ULP and - if the bicycle is provided - to demand remedial action.

10.5. The customer is obliged to strictly comply with all traffic regulations. Regardless of the information provided by ULP for this purpose, the customer must also inform himself about the corresponding traffic regulations of the respective travel destination.

10.6. During all tours with bicycle by ULP as a tour operator helmet is required.

10.7. The customer is obliged to avoid any damage, impairment or endangerment of foreign persons and things and to orient his behavior and driving style accordingly when guiding the bicycle.

[Translate to Englisch:]

11.1.ULP kann den Reisevertrag ohne Einhaltung einer Frist kündigen, wenn

a) der Kunde die für die spezielle Reiseveranstaltung erforderlichen körperlichen Voraussetzungen nicht hinreichend erfüllt bzw. die mitgebrachte Ausrüstung für den vorgesehenen Zweck nicht ausreichend ist,

b) der Kunde schuldhaft gegen die besonderen Obliegenheiten nach Ziff. 11. dieser Reisebedingungen verstößt,

c) der Kunde ansonsten ungeachtet einer Abmahnung von ULP nachhaltig stört oder wenn er sich in solchem Maß vertragswidrig verhält, dass die sofortige Aufhebung des Vertrages gerechtfertigt ist.

11.2. Kündigt ULP, so behält sie den Anspruch auf den Reisepreis; sie muss sich jedoch den Wert der ersparten Aufwendungen sowie diejenigen Vorteile anrechnen lassen, die sie aus einer anderweitigen Verwendung der nicht in Anspruch genommenen Leistung erlangt, einschließlich der ihr von den Leistungsträgern gutgebrachten Beträge.

12.1. ULP's contractual liability for damages not resulting from injury to life, limb or health is limited to three times the travel price,

a) as far as a damage of the customer is caused neither deliberately nor roughly negligently or

b) as far as ULP is responsible for any damage caused to the customer solely because of a fault of a service provider.

Any further claims under the Montreal Convention or the Aviation Act remain unaffected by this limitation of liability.

12.2. ULP is not liable for disruptions of performance, personal injury and property damage in connection with services that are merely provided as external services (eg excursions, sporting events, theater visits, exhibitions, transport services to and from the advertised starting and finishing location), if these services are provided in the Travel advertisement and the booking confirmation are expressly and under specification of the brokered contractor as external services so clearly marked that they are not recognizable for the customer / traveler part of the travel services of ULP. However, ULP is liable for services which include the carriage of the customer / traveler from the advertised starting point of the journey to the advertised destination, inter-transport during the journey and accommodation during the journey and / or if and insofar as damage to the customer / traveler , Education or organizational duties of ULP. Any liability of ULP arising from the breach of intermediary obligations shall remain unaffected by the above provisions.

13.1. Claims for non-contractual provision of the trip, the customer has to assert within one month after the contractually provided date of termination of the trip. The period begins with the day following the date of the contractual end of the journey. If the last day of the period falls on a Sunday, a general public holiday recognized at the place of declaration or a Saturday, the next working day shall be replaced by such day.

13.2. The assertion can be made within the deadline only to ULP at the following address. After expiry of the period, the customer can only assert claims if he has been prevented from observing the deadline through no fault of his own.

13.3. The deadline according to para. 13.1 also applies to the registration of baggage damage or delays in the delivery of baggage in connection with flights, if warranty rights are asserted from §§ 651 c Abs. 3, 651 d, 651 e Abs. 3 and 4 BGB. A claim for damages due to damage to luggage is to be asserted within 7 days, a claim for damages due to delayed luggage within 21 days after delivery.

14.1. Claims of the customer according to §§ 651c to f BGB from injury to life, limb or health, which are based on an intentional or negligent breach of duty by ULP or a legal representative or vicarious agent of ULP, shall lapse after two years. This also applies to claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by ULP or a legal representative or vicarious agent of ULP.

14.2. All other claims under §§ 651c to f BGB expire in one year.

14.3.The statute of limitations according to Numbers 14.1 and 14.2 begins on the day following the date of the contractual end of the contract. If the last day of the period falls on a Sunday, a general public holiday recognized at the place of declaration or a Saturday, the next working day shall be replaced by such day.

14.4. If the customer or ULP is in the process of negotiating the claim or the circumstances justifying the claim, the statute of limitations is suspended until the customer or ULP refuses to continue the negotiations. The statute of limitations occurs at the earliest three months after the end of the inhibition.

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